Town And Country City Zoning Code
ARTICLE XXIII
Special Zoning Districts
Section 405.1600 Overlay Districts.
[Ord. No. 4085 § 1, 5-8-2017]
An Overlay District is a "transparent" zoning district that lies over an existing zoning district and is used to implement additional development standards or place restrictions beyond those required by the existing or base zoning district. The Overlay District generally outlines uniform standards within the established boundary to ensure a higher quality of development.
Section 405.1605 Purpose - Overlay District.
[Ord. No. 4085 § 1, 5-8-2017]
The purpose of creating an Overlay District (OD) is to set and coordinate special development standards to a specific area that has unique value to the City and its residents, such as a business district or transportation corridor, and that are designed to provide a distinctive character and atmosphere to the designated area. Overlay Districts are appropriate instruments to implement the long-term goals and objectives of the adopted Comprehensive Plan and are primarily intended to be used when special circumstances justify the modification of base or existing zoning district regulations to achieve those specific design objectives that do not coincide with base zoning districts.
Section 405.1610 Establishment And Designation.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Overlay Districts shall be established through the rezoning process as outlined in Section 405.290 and only in conjunction with existing, base zoning districts.
B.
An Overlay District may cover parts of several zoning districts or only a portion of an existing or base zoning district.
C.
The existing or base zoning district shall maintain standard permitted land uses and development regulations. The Overlay District may further restrict development standards and/or land uses suitable to the purpose and protection of the Overlay District.
1.
Development standards that may be regulated in an Overlay District are: lot size, building height and area, architectural design and materials, accessory buildings and structures, landscaping and buffer yards, parking, lighting, signage, development review procedures or any other restrictions that meet the Overlay District's purpose.
2.
Land uses shall be specifically delineated for each application.
D.
When an Overlay District is established, any subsequent application to change the existing or base zoning district shall not be construed to be an application to eliminate the Overlay District for the property covered by the application. Any intent to eliminate the Overlay District on a given property shall be expressly stated to be part of the application.
E.
In cases where there is a conflict between the requirements of the Overlay District and the underlying existing or base zoning district, the Overlay District restrictions shall apply.
F.
When an applicant seeks to vary from the requirements of an Overlay District, they shall apply to the Board of Adjustment for a variance just as they would if they were varying from the requirements of the base or existing zoning district.
Section 405.1615 Relationship Of Overlay Districts To Zoning Map.
[Ord. No. 4085 § 1, 5-8-2017]
Overlay Districts are adopted in the same manner as any other zoning amendment. When an Overlay District and its associated regulations are adopted, the zoning map shall be amended to establish the boundaries for the Overlay District.
Section 405.1620 through Section 405.1699. Adopted Overlay Districts.
[Ord. No. 4085 § 1, 5-8-2017]
These Sections have been left reserved for future Overlay District Regulations.
Section 405.1700 Planned Development Districts.
[Ord. No. 4085 § 1, 5-8-2017]
A Planned Development Zoning District is a zoning district that provides for one (1) or more properties to be developed under a plan that provides for better coordinated development that incorporates development standards crafted to respond to site conditions.
Section 405.1705 Purpose - Planned Development District.
[Ord. No. 4085 § 1, 5-8-2017; Ord. No. 4393, 11-9-2020]
A.
The purpose of a planned development (PD) district is to permit flexibility and encourage a more creative and efficient development of a tract of land not possible with an existing zoning district, while maintaining maximum control by the City over both the structure and future operation of the development.
B.
The use of a planned development district is not intended to allow significant reductions in conventional zoning regulations, or the development of incompatible land uses, within the development or as the development relates to the surrounding neighborhood.
C.
The City may, upon proper application, approve a planned development district in order to achieve the following objectives for the benefit of the public:
1.
Facilitate the implementation of the recommendations of the adopted Comprehensive Plan, where applicable.
2.
Preserve and enhance the natural resources, such as grand trees, open space, woodlands, in the development of the property that is of a higher quality than is possible under the regulations otherwise applicable to the property.
3.
Promote a creative approach to the use of land and related physical facilities resulting in quality design and development, including aesthetic and public amenities, such as enhanced public parks and trails, below-grade parking facilities, and architectural/historically significant building preservation.
4.
Promote a combination and coordination of architectural styles, building forms and building relationships within a single development project and, if necessary, covering different phases.
5.
Provide economic development benefits and not overtax public services.
6.
Encourage efficient and effective vehicular and pedestrian circulation, both within and adjacent to the development site.
7.
Provide public benefits that could not be derived from a development that strictly adheres to the underlying zoning district.
Section 405.1710 Types Of Planned Development Districts.
A.
There shall be two (2) types of planned development districts. Each district shall be subject to the specific restrictions and limitations outlined in this Section. These districts are the Mixed Use Development District (MUD) and the Planned Senior Living District (PSLD). A planned development that is single-family residential and does not contain non-residential uses shall adhere to the regulations established by Article XIV, Planned Residential Community (PRC) Regulations.
B.
Mixed Use Development (MUD). A MUD allows for flexibility from certain zoning performance standards under conditions that allow for development of a combination of non-residential uses and, under specific circumstances, residential uses, in a manner that promotes the objectives of Section 405.1705(C).
1.
Requirements And Restrictions. The following requirements and restrictions shall apply to all MUD applications:
a.
Location. A MUD shall be located exclusively on a property designated as Commercial, Office, Campus Office, or Planned Office Park Zoning.
b.
Permitted Uses And Specific Prohibitions. A MUD shall be limited to non-residential uses such as general retail, office, personal services, medical, and institutional uses. A MUD shall include more than one (1) non-residential use. Senior living uses, such as a skilled-nursing facility, residential-care facility, assisted-living facility and independent living (continuum-of-care facility), shall only be eligible for a Planned Senior Living Development (PSLD) and not a MUD.
c.
Residential Exception. The Board of Aldermen may approve owner-occupied residential in combination with complementary non-residential uses within a MUD if planned development is located on property that meets each and every of the following conditions:
d.
Performance Standards. Consistent with the MUD regulations, the Board of Aldermen may approve deviations from performance standards for particular uses within that development in order to achieve the objectives set forth in Section 405.1705(C), unless provided otherwise herein.
e.
Permanent Open Space And Natural Resources. All land required to be protected by Section 405.335 of this Chapter shall be preserved as permanent open space, and this permanent open space requirement shall not be varied in the ordinances for a particular MUD development.
f.
Greenspace. A minimum of fifty percent (50%) of the gross buildable site area of each MUD shall be devoted to green space.
g.
Single-Family Residential Adjacency. Where adjoining property is zoned single-family residential, the following performance standards shall apply to non-residential uses:
C.
Planned Senior Living Development (PSLD). A PSLD allows for flexibility from certain zoning performance standards under conditions that allow for development of high-quality senior living uses in locations where they would be complementary with adjoining uses and allow for a better site design and preservation of natural resources and open space.
1.
Requirements And Restrictions. The following requirements and restrictions shall apply to all PSLD applications:
a.
Location. A PSLD shall be located exclusively on a property designated as Office, Campus Office, or Planned Office Park Zoning.
b.
Permitted Uses. A PSLD shall be limited to senior-living uses, such as a skilled-nursing facility, residential-care facility, assisted-living facility and independent living. Independent living shall be permitted only in association with a continuum-of-care facility that also includes skilled nursing and/or assisted living. These permitted uses are only eligible for a Planned Senior Living Development (PSLD) and not a PNRD.
c.
Performance Standards. Consistent with the PSLD regulations, the Board of Aldermen may approve deviations from performance standards for particular uses within that development in order to achieve the objectives set forth in Section 405.1705(C), unless provided otherwise herein.
d.
Permanent Open Space And Natural Resources. All land required to be protected by Section 405.335 of this Chapter shall be preserved as permanent open space, and this permanent open space requirement shall not be varied in the ordinances for a particular PNRD development.
e.
Greenspace. A minimum of fifty percent (50%) of the gross buildable site area of each PSLD shall be devoted to green space.
f.
Single-Family Residential Adjacency. Where adjoining property is zoned single-family residential, the following performance standards shall apply:
[1]
Editor's Note: This ordinance repealed former Section 405.1710, Land Uses; Section 410.1715, Lot Area And Yard Requirements; Section 405.1720, Minimum Landscaping And Bufferyard Standards; Section 405.1725, Off-Street Parking And Loading Requirements; Section 405.1730, Height Limitations For Structures; and Section 405.1735, Sign Regulations, all adopted or amended by Ord. No. 4085 § 1, 5-8-2017. This ordinance also provided for the renumbering of former Sections 405.1740 through 405.1797 as Sections 405.1715 through 405.1755, respectively.
Section 405.1715 Application For A Planned Development District.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Generally. An application for a particular Planned Development District shall be made by filing a verified application with the City Administrator or their designee, specifying the site for which development is proposed, and accompanied by the following:
[Ord. No. 4393, 11-9-2020]
1.
Filing fee per requirements;
2.
A preliminary site development plan which shall depict, either on the plan or on a separate sheet accompanying the plan, all information required for site plan review under Section 405.260 of this Chapter, and, if subdivision is necessary, all information required on a preliminary plat pursuant to Section 410.150 of Chapter 410, Subdivision Regulations, unless otherwise provided herein.
B.
Public Hearing And Further Procedure. After filing, the application shall be treated in all respects as a request for a change in zoning pursuant to Section 405.290 of this Chapter, and unless provided otherwise herein shall be reviewed by the Planning and Zoning Commission and the Board of Aldermen accordingly.
C.
Preliminary Site Development Plan.
2.
An application for a Planned Development District must be accompanied by a preliminary site development plan complying in all respects with Section 405.260.
3.
A preliminary site development plan shall be reviewed by the Commission in accordance with Section 405.260. At any time, the Commission may require the developer to submit a revised preliminary site development plan reflecting any or all of the conditions that the Planning and Zoning Commission may recommend to the Board of Aldermen. Such a revised preliminary site development plan must be presented within six (6) months of the date the request is made by the Commission, or the application shall be deemed withdrawn. This six (6) month period may be extended by vote of the Commission.
Section 405.1720 Planning And Zoning Commission Recommendations.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Recommendations As Required For A Planned Development District.
[Ord. No. 4393, 11-9-2020]
1.
The Planning and Zoning Commission shall recommend to the Board of Alderman either approval, approval with conditions, or denial of a zoning application for a planned development district as well as a separate recommendation for the associated preliminary site development plan application.
2.
The recommendation of the zoning application shall primarily be based on the satisfaction of Section 405.1705(C). A vote on findings shall only be required with the recommendation of the zoning application and not the preliminary site development plan application.
3.
Findings. The Commission's recommendation of the application for rezoning shall be based upon whether the planned development proposed:
a.
Would facilitate the implementation of the recommendations of the adopted Comprehensive Plan, where applicable.
b.
Would preserve and enhance the natural resources, such as grand trees, open space, woodlands, in the development of the property that is of a higher quality than is possible under the regulations otherwise applicable to the property.
c.
Would promote a creative approach to the use of land and related physical facilities resulting in quality design and development, including aesthetic and public amenities.
d.
Would promote a combination and coordination of architectural styles, building forms and building relationships within a single development project and, if necessary, covering different phases.
e.
Would provide economic development benefits and not overtax public services.
f.
Would encourage efficient and effective vehicular and pedestrian circulation, both within and adjacent to the development site.
g.
Would provide public benefits that could not be derived from a development that strictly adheres to the underlying zoning district.
h.
Could be constructed and operated in a manner that is not detrimental to adjoining uses or the permitted uses of the zoning district.
B.
Recommendations For Approval Of A Planned Development. If the Commission recommends approval of a preliminary site development plan for a planned development, its report to the Board shall include, at a minimum, recommendations for regulations and/or conditions to be included in the ordinance for that planned development.
C.
Recommendations To Be Forwarded To The Board. The recommendation, along with the preliminary site development plan and conditions where approval has been recommended, shall be forwarded to the Board for its consideration and further action in accordance with Section 405.290.
D.
Preliminary Site Development Plan As Preliminary Plat.[1] An approved preliminary site development plan may be accepted as an approved preliminary plat for purposes of subdivision.
[1]
Editor's Note: Former Subsection (D), Changes In Preliminary Site Development Plan After Hearing, was repealed by Ord. No. 4393, 11-9-2020. This ordinance also provided for the redesignation of former Subsection (E) as Subsection (D).
Section 405.1725 Aldermanic Review.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Upon receipt of the recommendations of the Commission, the Board of Aldermen, using the same standards imposed upon the Commission in these planned development regulations, may take any of the following actions:
[Ord. No. 4393, 11-9-2020]
1.
Approve the planned development as recommended and pass an ordinance containing the conditions as stated in the recommendations of the Commission;
2.
Approve the planned development based upon a modification of the conditions as stated in the recommendations of the Commission and pass an ordinance containing the modified conditions;
3.
Disapprove the plan; or
4.
Deny the application.
Section 405.1730 Final Site Development Plan.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Time For Submission Of Final Site Development Plan And Final Plat.
1.
Twelve (12) Months To Submit Final Site Development Plan And Final Plat. Within twelve (12) months of the date of the ordinance approving a preliminary site development plan for a particular Planned Development District, a final site development plan reflecting compliance with the conditions contained in that ordinance shall be submitted to the Director. If subdivision is required, a final plat of the subdivision shall be filed concurrently with the final site development plan.
2.
Extensions Of Time. Upon application and for good cause shown, the Board of Aldermen may extend the time for filing the final site development plan and, if required, the final plat.
B.
Review By The Director. The final site development plan shall be reviewed by the Director or his/her designee to determine whether it complies with the ordinances authorizing the PD development. Upon finding compliance, the Director shall note that finding and the date thereof upon the final site development plan.
C.
Recording. Upon finding by the Director that the final site development plan complies with the ordinance for the PD development, the developer shall record the final site development plan and the ordinance for that planned development with the Recorder of Deeds within sixty (60) days of the date that finding is noted on the final site development plan.
D.
Building Permits. No building permit shall be issued by the Director unless a finding of compliance is made and until the developer shall have recorded the final site development plan within the time prescribed herein, or as extended by the Board.
Section 405.1735 Commencement Of Construction.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Surety Required. Construction shall not commence until a bond or surety in a form approved by the City Attorney is posted for the benefit of the City to guarantee installation and maintenance of improvements, in accordance with the subdivision regulations.
B.
Substantial Construction. As used in this Section, "substantial construction" shall mean final grading for roadways necessary for the first approved plat or phase of construction and commencement of installation of sanitary and storm sewers.
C.
Time For Commencement Of Substantial Construction. Substantial construction shall commence within six (6) months of recording of the final site development plan. Upon application and for good cause shown, the Board may extend the time to commence substantial construction.
D.
Phasing Of Construction. The Director shall review the schedule or phasing of construction. Failure to proceed with construction may result in cancellation of building permits.
Section 405.1740 Termination Of A Planned Development.
[Ord. No. 4085 § 1, 5-8-2017]
Failure to submit a final site development plan or to commence substantial construction for a planned development within the time prescribed herein or as extended by the Board shall terminate approval of that planned development, and ordinances approving a preliminary site development plan for that planned development shall be deemed rescinded by operation of law. Within sixty (60) days of the rescission by operation of law of such ordinances, the Director shall notify the City Clerk, who shall note such rescission by operation of law in the minutes of the next regular meeting of the Board of Aldermen.
Section 405.1745 Appeals.
[Ord. No. 4085 § 1, 5-8-2017]
A.
Interlocutory Appeals From The Planning And Zoning Commission. At any time during review of an application for a planned development by the Planning and Zoning Commission, the developer may appeal to the Board of Aldermen from any requirement or condition imposed by, or other action of the Planning and Zoning Commission within ten (10) days of the imposition of such requirement, condition or action. The appeal shall be heard at the next regular meeting of the Board of Aldermen. The Board shall make the final determination of the matter. While such an appeal is pending before the Board, and until the next regular meeting of the Commission after the Board's decision on the matter, all proceedings relating to the application for the planned development before the Commission shall be stayed, and time for action set forth herein shall not run.
B.
Appeals From The Director. The developer may appeal to the Board of Aldermen from any finding or decision by the Director in his/her review of a development plan, within ten (10) days of such finding or decision. The Board shall make the final determination of the matter.
Section 405.1750 Amendment Procedures.
[Ord. No. 4085 § 1, 5-8-2017]
A.
In order to amend any provisions of an ordinance for an existing planned development, the following procedures shall be followed:
1.
To amend the ordinance for a particular planned development:
a.
The property owner or authorized representative shall submit to the Director a written request to amend particular conditions in the ordinance for that planned development. The Director shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing.
b.
If the Director determines that the requested amendment is consistent in purpose and content with the original proposal as advertised, the Director shall so report to the Planning and Zoning Commission. The Commission shall review the request and the report of the Director, and then forward a recommendation to the Board. A recommendation of approval shall include conditions to be included in the amended ordinance for that particular planned development.
c.
If the Director determines that the requested amendment is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing the Director shall so report to the applicant and the Planning and Zoning Commission. The Commission shall then review the proposed ordinance amendment and forward a recommendation to the Board. If the Commission deems it necessary it shall request that the Board hold a new public hearing on the matter in accordance with requirements specified in Section 405.290, procedure for amending the Zoning Code.
2.
To amend the final site development plan:
a.
The property owner or authorized representative shall submit an amended final site development plan to the Director for review. The Director shall then evaluate the request for consistency in purpose and content with the nature of the proposal as originally advertised for public hearing and the preliminary site development plan approved by the Board.
b.
If the Director determines that the proposed amendment to the final site development plan is not in conflict with the original proposal as advertised and the approved preliminary site development plan, and meets all the conditions of the ordinance for that planned development, said plan shall be reviewed and, in its discretion, approved by the Planning and Zoning Commission. Said amended plan, if approved by the Planning and Zoning Commission, shall be recorded with the Recorder of Deeds within sixty (60) days of Commission approval.
c.
If the Director determines that the proposed amendment to the final site development plan is not consistent in purpose and content with the nature of the proposal as originally advertised for public hearing, with the preliminary site development plan approved by the Board on the ordinance for that planned development, the Director shall so report to the applicant and the Commission. The Commission shall then review the proposed final site development plan amendment and make the final determination. If the Commission finds the proposed amendment is not consistent in purpose and content with the nature of the proposal as originally advertised, with the preliminary site development plan, or with the ordinance for that planned development, it shall hold a new public hearing on the matter in accordance with proceedings specified in Section 405.290, procedure for amending the Zoning Code.
Section 405.1755 Trust Indentures And Warranty Deeds.
[Ord. No. 4085 § 1, 5-8-2017]
A.
In planned developments where common areas, which may include open spaces, recreational areas, or other common grounds are provided, a trust indenture shall be recorded simultaneously with the record plat. The indenture shall provide for the proper and continuous maintenance and supervision of said common areas by trustees to be selected and to act in accordance with the terms of such indenture and the common areas shall be deeded to the trustees under said indenture by general warranty deed. The trust indenture and warranty deed shall comply with the requirements established in the subdivision regulations. In addition, the trust indenture shall contain the following provisions:
1.
Common areas, including open space, recreational areas, and other common ground, shall be for the sole benefit, use, and enjoyment of the lot or unit owners, present and future, of the entire planned development, or that the common areas may also be used by residents outside the planned development. If residents outside of the planned development are permitted to use the common areas, the indenture shall contain provisions which shall provide, in essence, the following:
a.
No resident of the planned development shall be denied the use of the common areas, including open space, recreational facilities or other common ground, for any reason related to the extension of such privilege to non-residents of the planned development;
b.
All rules and regulations promulgated pursuant to the indenture with respect to residents of the planned development shall be applied equally to the residents;
c.
All rules and regulations promulgated pursuant to the indenture with respect to non-residents of the planned development shall be applied equally to the non-residents;
2.
Any time after the recording of the indenture, a majority of the residents of the planned development, by election duly called, may elect to allow or disallow usage of the open space, recreational facilities or other common areas by non-residents of the planned development, unless otherwise restricted in the ordinance approving the planned development.
[Ord. No. 4393, 11-9-2020]
3.
The indenture shall contain provisions for the maintenance of all common areas and facilities and the means of collecting assessments necessary for the maintenance thereof.
4.
In planned developments containing attached units, the indenture shall contain provisions for maintenance of common walls.
Section 405.1800 Planned Development One (PD-1) - Mason Pointe.
A.
Zoning Change. Section 405.1800, Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby added by the approval of the application to rezone 33.427 acres known as Mason Pointe from its current Nursing Home, Assisted Living, Continuum of Care Facility (NHALCCF) District to Planned Development One (PD-1) District for nursing home, assisted living and continuum of care uses. Property is generally located south of South Outer Forty and 550 feet west of South Mason Road, in the City of Town and Country. Subject property is more fully described on Exhibit "A" (Metes and Bounds), Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan), of the approving ordinance. All such exhibits are held on file in the City's offices.
B.
Conditions Of Approval. This planned development shall be subject to the following conditions listed within this Section as approved by the Board of Aldermen, based on recommendation of the Planning and Zoning Commission.
1.
Land Uses.
a.
Permitted Uses. Nursing Homes, Assisted Living and Continuum of Care Facilities and associated support services consisting of a total of fifteen (15) beds per acre. For the purposes of this Section one (1) independent living unit is equal to one (1) bed.
b.
State Of Missouri License Requirements. All skilled nursing and residential care beds shall be licensed by the State of Missouri.
c.
The minimum age of independent living residents shall be sixty-two (62).
d.
Lutheran Senior Services, and its successors in interest, are required to execute any document and undertake any action necessary, to extend the applicability of the Judvment and Order (Consent Order and Judgment entered in Cause No. 15SL-CC02361, Lutheran Senior Services v. Jake Zimmerman) to provide for the collection of any newly adopted real and/or personal property tax.
2.
Site Design.
a.
Maximum Floor Area. Five hundred eighty-five thousand (585,000) square feet in all buildings with connectors.
b.
Building Heights. Two (2) story buildings shall not exceed a height of forty-five (45) feet and three (3) story buildings shall not exceed a height of fifty-four (54) feet when measured from the highest point of the building to the lowest point where the finished grade meets the buildings. Basement areas that are used only for parking, storage or mechanical equipment where only the parking entrance and exit, or loading dock, is exposed to exterior view shall not be considered a story and not included in the height calculation.
c.
Minimum Setbacks.
(1)
The setback from South Forty Drive is thirty (30) feet.
(2)
The setback for circulation drives, parking and buildings from the rear development property line is one hundred eighty (180) feet.
(3)
The setback for circulation drives, parking and buildings from the west property line is one hundred (100) feet.
d.
Signs. All signs shall conform to the submitted unified sign package dated July 31, 2018 and all amendments adopted by the Board of Aldermen hereafter.
e.
Lighting. All street and parking lot lighting are to be a maximum of twelve (12) feet high from grade, with downlight-type fixture. A photometric plan submitted to and approved by the City shall show light levels at south, east, and west property lines to be at zero (0) foot-candles.
f.
Fences. No fences will be permitted in the development except:
(1)
Fences to be shown on all plans and to be approved by the City. Fences for resident security and safety and along South Forty Drive and for controlled courtyards.
(2)
Temporary tree protection fences.
(3)
Temporary siltation fences.
(4)
Safety barricades throughout the construction phase of the project.
(5)
Fences required by City Code or regulations.
(6)
Solid fences to screen and/or enclose trash disposal areas, loading docks, mechanical equipment, generators and similar uses and structures.
g.
Entrance Gates. Electric operated entrance gates controlling vehicular access shall not be required at each of the three (3) entrances. If provided, the following shall apply:
(1)
The gate mechanism permits immediate access to emergency vehicles.
(2)
The gates controlling vehicular access to the facility are located no closer than twenty-five (25) feet from the pavement of the adjacent right-of-way so that waiting vehicles do not impede traffic flow.
(3)
The applicant files an agreement as approved by the City Attorney, to indemnify, defend and hold the City harmless from any claims of liability resulting from the placement of any gate controlling vehicular access.
3.
Site Access And Parking.
a.
Site Access. Access to the development shall be via three (3) entrance drives from South Outer Forth Drive as shown on the AFSDP.
(1)
The entrance geometrics and drainage design shall be in accordance with Missouri Department of Transportation (MoDOT) standards and shall be reviewed and approved by MoDOT.
(2)
The petitioner shall provide adequate detention to reduce the flowrate of stormwater discharge, to the extent practicable, into the MoDOT right-of-way.
(3)
Wherever practicable, all drainage detention storage facilities shall be placed at least fifteen (15) feet from the new or existing right-of-way line.
b.
Off Street Parking And Loading Requirement. A minimum of four hundred (400) parking spaces shall be provided. No parking shall be allowed on the perimeter loop drive identified on the AFSDP.
c.
Underground Parking. Underground parking spaces will be provided as shown on the AFSDP.
d.
Temporary Parking. The developer shall be responsible to provide temporary gravel parking for construction employees. Parking on grass or earth surfaces shall be prohibited.
e.
Emergency Vehicles. Emergency vehicles shall be requested to turn their sirens off before entering the development.
4.
Landscaping And Stormwater.
a.
Landscape Requirements. Landscaping, including buffer yards complying with City requirements, shall be installed as shown on the PSDP.
b.
Green Space. Green space shall be a minimum of sixty percent (60%).
c.
Berm. A berm shall be used in place as shown on the PSDP.
d.
Erosion Control. Erosion control meeting City Code requirements shall be installed.
e.
Natural Resource Preservation. Natural resources (Woodlands) are to be preserved, as shown on the AFSDP. In addition, all property located south of the ridge line, as depicted on the AFSDP, shall be dedicated as permanent open space and regulated per the requirements of Section 405.335 (Natural Resource Protection Standards).
f.
Storm Water Detention. The above ground and below ground detention facilities shall be designed and constructed in accordance with the requirements of the Metropolitan St. Louis Sewer District and the City of Town and Country.
g.
Culvert Under The Berm. The storm sewer culvert running under the berm between Mason Woods Subdivision and the development shall remain in place.
5.
Building Design.
a.
Roofs. The overall appearance of the roofs on the development shall be of a residential character. Except where otherwise designated on the Preliminary Site Development Plan, the roofs shall have a slope typical of a residential roof.
b.
Roof Mounted Cupolas, Skylights Or Clerestories. No direct lighting is to be installed in the cupolas or in the clerestories. The tops of all roof mounted cupolas, skylights or clerestories shall not exceed the height limitations of this Section. Any roof mounted cupolas, skylights or clerestories shall either be screened from view by the adjoining residential properties or emit no higher than one (1) foot-candle of light measured at the exterior surface of the glass. Any cupola, skylight or clerestory proposed over the main entrance commons area shall have the long axis and the south face screened in such a way as to shield the glass from view by adjoining residential properties. In the discretion of the City, additional screening may be required should light emission from the skylights or clerestory windows exceed the maximum foot-candle level or cause objections from the adjoining neighborhoods.
c.
Heating And Air Conditioning Equipment. Ground level cooling towers shall be located on the opposite side of any building from adjoining residential property. There shall be no window or individual air conditioning units facing adjoining residential property.
d.
Automatic-sensor shades that lower at sunset shall be installed on the south and west side windows of the top floor (wine bar and sports lounge) of the Ph. 3 addition.
6.
Process And Construction.
a.
Amended Final Site Development Plan Minimum Requirements.
(1)
An amended Final Site Development Plan (AFSDP) for the subject property shall be presented to the City within twelve (12) months of approving this Section. Such AFSDP shall reflect all conditions and restrictions imposed by the Board of Aldermen.
(2)
Before City certification of the AFSDP, the applicant shall by bond, escrow, or other instrument approved by the City, guarantee installation of all required landscaping, in accordance with the landscape plan for the development approved as part of the AFSDP.
(3)
Landscape materials shall be maintained in accordance with the landscape plan as a condition of approval of the AFSDP. All required plant materials shall be replaced as necessary.
b.
Start Of Construction. Construction shall commence on Phase 3 (Independent Living) within two (2) years from the date of the passage of this Section. Phase 1 per Ordinance No. 2392 and Phase 2 per Ordinance 4107 have already been constructed.
7.
Subject To All Applicable Regulations.
a.
That in all other respects, the use of the tract or tracts of land herein described shall be subject to all the applicable regulations contained in said City of Town and Country Municipal Code.
8.
Accordance With The Comprehensive Plan.
a.
That the Comprehensive Plan is hereby amended to the extent that the zoning regulations and district as herein established have been made in accordance with the Comprehensive Plan for the purpose of promoting health, safety, morals and the general welfare of the community. That the regulations and district have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.
[1]
Editor's Note: Moratorium: For a period of ten (10) years commencing upon the approval of this ordinance by the Board of Aldermen no application to amend the zoning regulations or site plan for this property in any way, shall be submitted by the applicant (or any successor in interest) or be considered by the Board of Aldermen.
Section 405.1801 Planned Development Two (PD-2) - Town Square.
[Ord. No. 4111, 8-14-2017]
A.
Zoning Change. Section 405.1801, Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby added by the approval of the application to rezone 8.811 acres known as Town Square from its current Suburban Estate (SE) and Commercial (C) Zoning Districts to Planned Development Two (PD-2) District for retail, office and public uses. Property is generally located south of Clayton Road and 550 feet east of South Mason Road, in the City of Town and Country. Subject property is more fully described on the attached Exhibit "A" (Metes and Bounds), attached Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan), in accordance with Chapter 405 as amended.
B.
Conditions Of Approval. This planned development shall be subject to the following conditions listed within this Section as approved by the Board of Aldermen, based on recommendation of the Planning and Zoning Commission.
1.
Preliminary Site Plan. When the term "Preliminary Site Development Plan" or "PSDP" is utilized in this PD-2 District (Town Square) it shall mean the "Preliminary Site Development Plan" dated 6/2/2017 and revised 2017-06-16 per Board of Aldermen direction on 6/12/2017 as prepared by Stock & Associates Consulting Engineers, which is approved herewith.
2.
Land Uses.
a.
Permitted Uses. The following uses are permitted in the PD-2 District (Town Square):
(1)
Alcoholic Beverage Sales.
(2)
Bakery, Retail.
(3)
Catering Services.
(4)
Clothing and Clothing Accessories Store.
(5)
Copy/Business Center.
(6)
Dry Cleaning Establishment.
(7)
Financial Institution.
(8)
Fitness Center.
(9)
Flagpoles.
(10)
Grocery Store, Specialized.
(11)
Home and Office Furnishings Store.
(12)
Learning Center.
(13)
Leisure Activities Store.
(14)
Nursery, Retail.
(15)
Office, Business and Professional.
(16)
Office/Clinic, Medical.
(17)
Personal Care, Retail.
(18)
Personal Care, Services.
(19)
Pet Supply and Accessories Store.
(20)
Public Building.
(21)
Public Park.
(22)
Repair Services Establishment.
(23)
Restaurant, Traditional.
(24)
Restaurant, Specialty.
c.
Temporary Uses.
(1)
Authorization. Temporary uses are permitted only as expressly provided in this Section and shall comply with the requirements of Section 405.240, Occupancy Permit Regulations.
(2)
Permit Required. No temporary use shall be established unless an occupancy permit evidencing the compliance of such use with the applicable provisions of this Section shall have first been issued, as provided in Section 405.240.
(3)
Use Limitations. No signs in connection with temporary uses shall be permitted except in accordance with an adopted unified sign plan.
d. ALCOHOLIC BEVERAGE SALES BAKERY, RETAIL CATERING SERVICES CLOTHING AND CLOTHING ACCESSORIES STORE COMMERCIAL RECREATION, INDOOR CONSTRUCTION EQUIPMENT SHED CONTRACTOR'S OFFICE COPY/BUSINESS CENTER DRY CLEANING ESTABLISHMENT ELECTRONICS AND APPLIANCE STORE FINANCIAL INSTITUTION FITNESS CENTER FLAGPOLE GROCERY STORE, SPECIALIZED HARDWARE STORE HOME AND OFFICE FURNISHINGS STORE LEARNING CENTER LEISURE ACTIVITIES STORE NURSERY, RETAIL OFFICE, BUSINESS AND PROFESSIONAL OFFICE/CLINIC, MEDICAL PERSONAL CARE SERVICES PERSONAL CARE, RETAIL PET SUPPLY AND ACCESSORIES STORE PUBLIC BUILDING PUBLIC INTEREST EVENT PUBLIC PARK REPAIR SERVICES ESTABLISHMENT RESTAURANT, SPECIALTY RESTAURANT, TRADITIONAL
Definitions. These following definitions shall apply to this Section:
The retail sale of beer, wine, or other alcoholic beverages for off-premise consumption. Complementary tasting events are permitted if incidental to the primary use.
An establishment primarily engaged in the retail sale of baked products for consumption on- or off-site. The products may be prepared either on- or off-site.
An establishment that serves and supplies food to be consumed off premises.
A store whose principal business is the sale of clothing apparel or associated clothing accessories, such as jewelry, shoes, hats, leather goods and luggage.
An establishment providing enclosed recreation activities. Accessory uses may include the preparation and serving of food, the sale of equipment related to the enclosed uses and up to four hundred (400) square feet of outdoor recreational activities. This definition does not include Theatres, Auditoriums, or Pool Halls.
A temporary building or structure housing equipment or construction materials during the period of construction.
A temporary building, trailer or structure utilized as office space by construction staff during the period of construction.
A retail establishment that provides duplicating services using photocopying, blueprint, scanner (PDF) and offset printing equipment and may include the collating and binding of booklets and reports as well as other business services such as fax, email, computers, packaging, shipping and mailing and the incidental retail sale of stationery products and office supplies.
An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry.
A store whose principal business is the sale of electronics and appliance merchandise, such as household-type appliances and equipment, cameras, computers, televisions, radios, cell phones, wireless devices and computer software.
An establishment wherein the primary occupation is concerned with such Federal or State-regulated businesses as banking, savings and loans, loan companies, credit unions and investment and brokerage companies. Services also include business and personal financial advisement excepting pay day loan services. This definition does not include drive-thru as an accessory use with the financial institution.
A facility where members or non-members use equipment or space for the purpose of physical exercise with or without instruction.
A freestanding structure or a structure attached to a building or to the roof of a building used for the sole purpose of displaying flags.
An establishment selling a limited range of food and grocery items, including, coffees/teas, candies, confectionaries, spices and herbs, meats, seafood, fruits and vegetables, and incidental non-food items.
A store whose principal business is the sale of hardware items such as tools, builders' hardware, paint and paint-related supplies.
A store whose principal business is the sale of home and office furnishings; which may include floor and wall coverings, window treatments and interior decorating services.
A business that provides one (1) on one (1) or small group instruction in a non-traditional school setting which may be supplementary to public or private schooling. This shall include tutoring establishments, music instruction, dance instruction, art instruction, martial arts instruction, or similar uses.
A store whose principal business is the sale of goods and providing expertise related to specific leisure activities. Typical uses include Sporting Goods Stores, Hobby/Craft Stores, Musical Instrument Stores, Book Stores, Stationery Stores, Gift Stores, Antique Stores, Art/Framing Stores and Toy Stores.
The retail handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer. This definition includes Florist Shops and Lawn and Garden Stores.
An office for the use of a person or persons generally classified as professionals, such as architects, engineers, attorneys, accountants, travel agents, real estate brokers and similar professions. This definition does not include medical professions.
An establishment where human patients who are not lodged overnight are admitted for examination and treatment by one (1) or more physicians, dentists, other healthcare professionals, or similar professions.
An establishment providing personal care related services, including, barbershops, hairdressers, tailors, salons, spas, nail care, massage and tanning. These uses may also include accessory retail sales of products related to the services provided. This definition does not include tattoo parlors, fortune tellers, psychics and similar services.
An establishment whose principle business is the sale of personal care merchandise or products. Typical uses include pharmacies, cosmetics or beauty supply stores, optical goods stores and food supplement stores.
A retail sales establishment primarily involved in the sale of products for domestic animals, such as dogs, cats, fish, birds, and reptiles, but excluding the grooming or sale of any live animals.
Any building or structure, owned or leased, by the City of Town and Country, Missouri, for public or quasi-public purposes.
An event or series of events scheduled in observance of a State, Federal, or religious holiday, or conducting organized activities for a historical, cultural, civic or a special theme held for a limited period of time and where such events or activities are not being held solely for profit.
A public area of land, with or without buildings, intended for outdoor active and passive recreation.
An establishment primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include small appliance repair shops, shoe repair, watch or jewelry repair shops, repair of musical instruments or bicycle repair.
Establishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, bagels, donuts, yogurt or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage. Outside Dining is permitted with this use and shall be in conformance with the standards set forth in the Zoning Code.
A restaurant principally oriented to the service of food and beverages for consumption on the premises, and any carry-out incidental to that principal use. Outside Dining is permitted with this use and shall be in conformance with the standards set forth in the Zoning Code.
3.
Setbacks.
a.
The following building setbacks shall be established for the subject site as it is defined as Parcel 1 in Exhibit A — Metes and Bounds:
1. | North (Clayton Road): | 25 feet |
2. | East: | 75 feet |
3. | South: | 75 feet |
4. | West: | 75 feet |
b.
Setbacks for future subdivision shall be governed by condition of the Record Plat for said subdivision.
4.
Landscaping.
a.
Landscaping and bufferyards shall be installed as shown on the approved Preliminary Site Development Plan.
b.
Landscape materials shall be maintained in accordance with the landscape plan included in the Preliminary Site Development Plan. All plant materials shall be replaced as deemed necessary.
c.
Existing trees on-site shall be catalogued in a tree study performed by a City-approved urban forester or arborist. Trees designated to be saved shall be protected for the duration of construction.
d.
A minimum of sixty percent (60%) greenspace shall be provided on-site.
6.
Parking And Lighting.
a.
Parking shall be equal to that required in the Commercial Zoning Code, but shall not exceed one hundred thirty-five (135) total spaces.
b.
Cart corrals, bike racks or other structures shall not occupy any dedicated parking stalls.
c.
Any lighting placed on-site shall be downcast and shielded and of a uniform design in locations as specified on the approved Development Plan, except by special permit.
7.
Signage.
a.
All signage shall conform to the sign regulations specified in Section 420.150, Commercial District unless specifically stated as a condition of approval herein.
b.
Any directional signage shall be of a uniform design.
c.
Building signage shall be designed to be integrated into the design of the building and submitted with elevations as a part of an Architectural Review application.
8.
Infrastructure/Design Standards.
a.
The Town Square Development and its related infrastructure shall be developed as specified in the Preliminary Site Development Plan.
b.
The commercial building shall be limited to a maximum of twelve thousand (12,000) square feet in size.
c.
The Architectural Review Board and Board of Aldermen shall review and approve the architecture of all structures prior to issuance of a building permit.
9.
Miscellaneous.
a.
Should there be any discrepancy between this Section and the approved Preliminary Site Development Plan, the most restrictive of the two (2) shall apply.
10.
Subject To All Applicable Code Regulations.
a.
In all other respects, the use of the tract or tracts of land herein described shall be subject to all the applicable regulations contained in said City of Town and Country Municipal Code.
11.
The Comprehensive Plan.
a.
The Comprehensive Plan is hereby amended to the extent that the zoning regulations and the district as herein established have been made in accordance with the Comprehensive Plan for the purpose of promoting health, safety, morals and the general welfare of the community. The regulations and district have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community.
Section 405.1803 Planned Development Three (PD-3) - Destiny Church/St. Austin School.
[Ord. No. 4212, 8-13-2018]
A.
Zoning Change. Section 405.1803, Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby added by the application to rezone 11.588 acres known as Destiny Church from its current Estate (E) District to Planned Development-Three (PD-3) District for church and elementary school uses. Property is generally located adjacent to Des Peres Road Out and 900 feet north of Hickory Woods Drive in the City of Town and Country. Subject property is more fully described on Exhibit "A" (Metes and Bounds), Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan) of the approving Ordinance.
B.
Conditions of Approval. This planned development shall be subject to the following conditions listed within this Section as approved by the Board of Aldermen, based on recommendation of the Planning and Zoning Commission.
1.
General Regulation.
a.
Unless otherwise specified in the Conditions of Approval herein or the approved PSDP, the regulations of Section 405.445, Non-Residential Performance Standards, shall apply.
b.
Off-site buffer landscaping consistent with the plan dated June 20, 2018, for 12660 Post Oak Road and accepted by the owner of the subject property shall be installed prior to the approval of the Final Site Development Plan.
3.
Site Design.
a.
Maximum Floor Area. Eighty-five thousand (85,000) square feet.
b.
Maximum Building Coverage. Forty-six thousand (46,000) square feet.
c.
Maximum Building Height. Forty (40) feet.
d.
Minimum Setbacks. Minimum setbacks shall be established as shown on the PSDP.
e.
Signs. All signs shall conform to the approved Unified Sign Plan and any future amendments thereto.
f.
Lighting. All street and parking lot lights shall conform to Section 405.157, Exterior Lighting Regulations, of the City of Town and Country.
g.
Fences. A four (4) foot high ornamental aluminum fence shall be installed around the designated playground area as shown on the PSDP. Otherwise, all fencing shall conform to Section 405.150, Fence Regulations of the City of Town and Country Municipal Code unless specifically stated as a condition of approval herein.
h.
Entrance Gates. Electric operated entrance gates controlling vehicular access shall not be required at each of the two (2) entrances and the internal drive to St. Austin School. If provided, the following shall apply:
(1)
The gate mechanism permits immediate access to emergency vehicles.
(2)
The gates controlling vehicular access to the facility are located no closer than forty (40) feet from the pavement of the adjacent right-of-way so that waiting vehicles do not impede traffic flow.
(3)
The applicant shall file an agreement as approved by the City Attorney, to indemnify, defend and hold the City harmless from any claims of liability resulting from the placement of any gate controlling vehicular access.
4.
Site Access And Parking.
a.
Site Access. Access to the subject property shall be via two (2) entrance drives from Des Peres Road as shown on the PSDP.
(1)
The entrance geometrics and drainage design shall be in accordance with Missouri Department of Transportation (MoDOT) standards and shall be reviewed and approved by MoDOT.
(2)
The petitioner shall provide adequate detention to reduce the flowrate of stormwater discharge, to the extent practicable, into the MoDOT right-of-way.
(3)
Wherever practicable, all drainage detention storage facilities shall be placed at least fifteen (15) feet from the new or existing right-of-way line.
b.
Off Street Parking And Loading Requirement. A minimum of two hundred ninety-eight (298) surface parking spaces shall be provided as shown on the PSDP. The uses located within this Planned Development District shall execute a shared parking agreement.
c.
Temporary Parking. The developer shall be responsible to provide temporary gravel parking for construction employees. Parking on grass or earth surfaces shall be prohibited.
5.
Landscaping And Stormwater.
a.
Landscape Requirements. Landscaping, including buffer yards complying with City requirements, shall be installed as shown on the PSDP.
b.
Minimum Green Space. The minimum greenspace shall be 59.3%.
c.
Erosion Control. Erosion control meeting City Code requirements shall be installed.
d.
Natural Resource Preservation. Natural resources are to be preserved, as shown on the PSDP. Young Woodlands, Mature Woodlands and Drainageways which are to remain shall be maintained in current locations as indicated on the PSDP and shall remain fully and completely undisturbed without prior appropriate permit from the City of Town and Country which shall require amendment of the PSDP and in the event that such actions occur, the owner shall be required to replant the disturbed areas and place with the City of Town and Country an escrow which insures their maintenance until maturation.
e.
Storm Water Detention. Any detention facilities shall be designed and constructed in accordance with the requirements of the Metropolitan St. Louis Sewer District and the City of Town and Country.
6.
Building Design.
a.
Architecture. The Architectural Review Board and Board of Aldermen shall review and approve the architecture of all structures prior to issuance of a building permit.
b.
Heating And Air Conditioning Equipment. Heating and air equipment shall be located on the rooftop and screened as required by the adopted Zoning Code. There shall be no window or individual air conditioning units facing adjoining residential property.
7.
Process And Construction.
a.
Final Site Development Plan Minimum Requirements.
(1)
A Final Site Development Plan (FSDP) for the subject property shall be presented to the City within twelve (12) months of the ordinance approving the PSDP. Such FSDP shall reflect all conditions and restrictions imposed by the Board of Aldermen.
(2)
Before City certification of the FSDP, the applicant shall by bond, escrow, or other instrument approved by the City, guarantee installation of all required landscaping, in accordance with the landscape plan for the development approved as part of the FSDP.
(3)
Landscape materials shall be maintained in accordance with the landscape plan as a condition of approval of the FSDP. All required plant materials shall be replaced as necessary.
b.
Start of Construction. Construction shall commence within five (5) years from the date of the passage of the Ordinance approving the PSDP.
Section 405.1804 Mixed Use Development District (MUD-1).
[Ord. No. 4660, 10-28-2024]
A.
Zoning Change. Section 405.1804 Adopted Planned Development Districts of the City of Town and Country Municipal Code, is hereby amended by the application to rezone the 11.58 acres to be known as Woods Mill Crossing from its current Commercial (C) District to a Mixed Use Development (MUD-1) District for multi-family residential and commercial uses. Property is generally located south of South Outer Forty Road and west of South Woodsmill Road, in the City of Town and Country. Subject property is more fully described on the attached Exhibit "A" (Metes and Bounds), attached Exhibit "B" (Location Map), and Exhibit "C" (Preliminary Site Development Plan), of the approving ordinance, in accordance with Chapter 405, as amended.
B.
Conditions of Approval. This mixed use development shall be subject to the following conditions listed within this Section as approved by the Board of Aldermen, based on recommendation of the Planning and Zoning Commission.
1.
Land Uses.
a.
Permitted Uses. The following uses are permitted in the MUD-1 District:
(1)
Alcoholic Beverage Sales.
(2)
Bakery, Retail.
(3)
Catering Services.
(4)
Clothing and Clothing Accessories Store.
(5)
Condominium.
(6)
Copy/Business Center.
(7)
Financial Institution.
(8)
Fitness Center.
(9)
Flagpoles.
(10)
Grocery Store, Specialized.
(11)
Home and Office Furnishings Store.
(12)
Learning Center.
(13)
Leisure Activities Store.
(14)
Nursery, Retail.
(15)
Office, Business and Professional.
(16)
Office/Clinic, Medical.
(17)
Personal Care, Retail.
(18)
Repair Services Establishment.
(19)
Restaurant, Traditional.
(20)
Restaurant, Specialty.
c.
Temporary Uses. Temporary uses as expressly provided in Section 405.635 Commercial - Temporary Uses, are permitted. Sales trailers used for the sale of residential condominium units are permitted.
d.
Miscellaneous Land Use Regulations.
(1)
Residential Density. The maximum permitted number of condominium units shall be 112.
(2)
Outside dining is permitted with a restaurant use and shall be regulated as follows:
(b)
Noise generated by outdoor speakers and live musicians for a restaurant use shall be regulated by Chapter 215, Nuisances, of the Municipal Code.
(c)
All outdoor speakers and live music shall cease operation no later than 9:00 P.M. Sunday through Thursday and 10:00 P.M. on Friday and Saturday.
(d)
A diagram of the seating layout for the use of the patio by a restaurant shall be reviewed and approved by the City Administrator or their designee for compliance with ADA regulations prior to the issuance of an occupancy permit.
(e)
The installation of any temporary tents or awnings shall require the issuance of a special event permit.
e. ALCOHOLIC BEVERAGE SALES BAKERY, RETAIL CATERING SERVICES CLOTHING AND CLOTHING ACCESSORIES STORE COMMERCIAL RECREATION, INDOOR CONDOMINIUM CONSTRUCTION EQUIPMENT SHED COPY/BUSINESS CENTER ELECTRONICS AND APPLIANCE STORE FINANCIAL INSTITUTION FITNESS CENTER FLAGPOLE GROCERY STORE, SPECIALIZED HARDWARE STORE HOME AND OFFICE FURNISHINGS STORE LEARNING CENTER LEISURE ACTIVITIES STORE NURSERY, RETAIL OFFICE, BUSINESS AND PROFESSIONAL OFFICE/CLINIC, MEDICAL PERSONAL CARE, RETAIL REPAIR SERVICES ESTABLISHMENT RESTAURANT, SPECIALTY RESTAURANT, TRADITIONAL
Definitions. The following definitions shall apply to this Section:
The retail sale of beer, wine, or other alcoholic beverages for off-premises consumption. Complementary tasting events are permitted if incidental to the primary use.
An establishment primarily engaged in the retail sale of baked products for consumption on or off site. The products may be prepared either on or off site.
An establishment that serves and supplies food to be consumed off premises.
A store whose principal business is the sale of clothing apparel or associated clothing accessories, such as jewelry, shoes, hats, leather goods and luggage.
An establishment providing enclosed recreation activities. Accessory uses may include the preparation and serving of food, the sale of equipment related to the enclosed uses and up to four hundred (400) square feet of outdoor recreational activities. This definition does not include Theatres, Auditoriums, or Pool Halls.
A multi-unit residential building, with the interior of the units being individually owned, each owner receiving a recordable deed to the individual unit purchased, which units may be developed and sold in accordance with the Missouri Uniform Condominium Act, Sections 448.1-101 to 448.4-120, RSMo., and each unit sharing in joint ownership of every part of the condominium project which are the "common elements" (excluding limited common elements which are reserved for one or more unit owners' exclusive use) that is outside of the interior boundary of the units, such as structural components and mechanical systems of the building, walls and roof, and the grounds, streets and parking areas.
A temporary building or structure housing equipment or construction materials during the period of construction.
A retail establishment that provides duplicating services using photocopying, blueprint, scanner (PDF) and offset printing equipment and may include the collating and binding of booklets and reports as well as other business services such as fax, email, computers, packaging, shipping and mailing and the incidental retail sale of stationery products and office supplies.
A store whose principal business is the sale of electronics and appliance merchandise, such as household-type appliances and equipment, cameras, computers, televisions, radios, cell phones, wireless devices and computer software.
An establishment wherein the primary occupation is concerned with such Federal- or State-regulated businesses as banking, savings and loans, loan companies, credit unions and investment and brokerage companies. Services also include business and personal financial advisement excepting pay day loan services. This definition does not include drive-thru as an accessory use with the financial institution.
A facility where members or non-members use equipment or space for the purpose of physical exercise with or without instruction.
A freestanding structure or a structure attached to a building or to the roof of a building used for the sole purpose of displaying flags.
An establishment selling a limited range of food and grocery items, including, coffees/teas, candies, confectioneries, spices and herbs, meats, seafood, fruits and vegetables, and incidental non-food items.
A store whose principal business is the sale of hardware items such as tools, builders' hardware, paint and paint-related supplies.
A store whose principal business is the sale of home and office furnishings; which may include floor and wall coverings, window treatments and interior decorating services.
A business that provides one-on-one or small group instruction in a non-traditional school setting which may be supplementary to public or private schooling. This shall include tutoring establishments, music instruction, dance instruction, art instruction, martial arts instruction, or similar uses.
A store whose principal business is the sale of goods and providing expertise related to specific leisure activities. Typical uses include Sporting Goods Stores, Hobby/Craft Stores, Musical Instrument Stores, Book Stores, Stationery Stores, Gift Stores, Antique Stores, Art/Framing Stores and Toy Stores.
The retail handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer. This definition includes Florist Shops and Lawn and Garden Stores.
An office for the use of a person or persons generally classified as professionals, such as architects, engineers, attorneys, accountants, travel agents, real estate brokers and similar professions. This definition does not include medical professions.
An establishment where human patients who are not lodged overnight are admitted for examination and treatment by one (1) or more physicians, dentists, other healthcare professionals, or similar professions.
An establishment whose principle business is the sale of personal care merchandise or products. Typical uses include pharmacies, cosmetics or beauty supply stores, optical goods stores and food supplement stores.
An establishment primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding automotive and equipment repair use types. Typical uses include small appliance repair shops, shoe repair, watch or jewelry repair shops, repair of musical instruments or bicycle repair.
Establishments whose primary business is the sale of a single specialty type of food or beverage that is not considered a complete meal (e.g., candy, coffee, bagels, donuts, yogurt or ice cream). The sale of other food, beverages, or merchandise is incidental to the sale of the specialty food or beverage. Outside Dining is permitted with this use and shall be in conformance with the standards set forth in the Zoning Code.
A restaurant principally oriented to the service of food and beverages for consumption on the premises, and any carry-out incidental to that principal use. Outside Dining is permitted with this use and shall be in conformance with the standards set forth in the Planned Development ordinance.
C.
Site Design.
1.
Maximum Floor Area (Overall Development, Excluding Below Grade Garages): fifty-two percent (52%).
2.
Maximum Building Coverage (Overall Development): seventeen percent (17%).
3.
Minimum Greenspace Percentage (Overall Development): fifty percent (50%).
4.
Maximum Building Height: Four (4) stories or fifty (50) feet from top of foundation for residential uses and one (1) story or thirty-five (35) feet for non-residential uses.
5.
Minimum Setbacks. Minimum setbacks shall be established as shown on the PSDP.
6.
Signage. All signs will conform to the submitted unified sign package dated August 9, 2024, and all amendments adopted by the Board of Aldermen hereafter.
7.
Lighting. All exterior lighting shall be installed as shown on the approved PSDP site plan and finalized in the recorded FSDP. All light fixtures shall comply with Section 405.157, Exterior Lighting Regulations, of the City of Town and Country.
8.
Fencing. A six (6) foot tall simtek-style simulated masonry fence shall be installed along the south property line adjacent to the rear yards of the houses that are located on Cedar Field Court. All other fencing shall conform to Section 405.150 Fence Regulations, of the City of Town and Country Municipal Code.
9.
Parking. Parking shall be regulated on the subject property as follows:
a.
A minimum of two hundred twenty-four (224) surface and garage parking spaces shall be provided on site for the residential uses, which provides for two (2) dedicated parking spaces per residential unit.
b.
A minimum of one hundred nineteen (119) surface parking spaces shall be provided on site for the non-residential uses and constructed as shown on the PSDP. The commercial parking lot shall have forty-seven (47) dedicated parking spaces. The remaining seventy-two (72) parking spaces shall be "flex" spaces that can be used for residential guest parking and commercial overflow parking. West of buildings 1-8 includes forty-two (42) flex parking spaces and south of buildings 9-14 includes thirty (30) flex parking spaces.
c.
Bike racks or other structures shall not occupy any dedicated parking stalls.
10.
Sidewalk/Public Art Escrow. Within thirty (30) days following record plat approval, McBride shall deposit with the City the sum of one hundred thousand dollars ($100,000.00) to be held by the City ("Escrowed Funds") for the primary purpose of installing a sidewalk along S. Woods Mill Road, south of the subject property, to the Manderleigh Subdivision ("Sidewalk Project"). Twenty-five thousand dollars ($25,000.00) of the Escrowed Funds shall be immediately and irrevocably assigned to the City to defray the cost of a need and feasibility assessment, design, engineering, property acquisition and other preconstruction efforts by City staff and third-party consultants engaged by the City in association with the Sidewalk Project. The remaining seventy-five thousand dollars ($75,000.00) of the Escrowed Funds shall be and remain available to the City for the purpose of paying for any additional or revised design and engineering work and construction and subsequent maintenance of the Sidewalk Project. Provided, however, that if actual construction of the Sidewalk Project has not begun by that date which is five (5) years from the date of receipt of the Escrowed Funds by the City, the remaining seventy-five thousand dollars ($75,000.00) of the Escrowed Funds shall be applied by the City for installation of one (1) or more pieces of public art approved by the City Administrator and McBride at the location on the subject property designated for that purpose on the plans approved by this section and at such other publicly-observable locations on the subject property approved by the City Administrator and McBride.
11.
Landscaping. Landscaping and bufferyards shall be installed as shown on the approved PSDP landscape plan and finalized by the recorded FSDP.
12.
Stormwater Detention. Any stormwater detention facilities shall be designed and constructed in accordance with the requirements of the Metropolitan St. Louis Sewer District (MSD) and the City of Town and Country. MSD-approved plans shall be submitted to the City prior to the issuance of any permits.
13.
Fire Protection. A site plan shall be submitted and approved by the West County EMS and Fire Protection District prior to the issuance of any permit.
14.
Architecture. The architecture of all proposed buildings shall be consistent with the elevations provided in Exhibit D, on file at City offices.
a.
Residential Elevations/Architectural Materials - Architecture. The front elevation (exposed surface area) of each residential structure shall be composed of a minimum of seventy percent (70%) brick, stone, masonry treatment, or glass materials. The rear elevation (exposed surface area) of each residential structure shall contain elements and materials of the front elevation, of which brick, stone, masonry treatment, or glass materials shall compose a minimum of fifty-five percent (55%). The side elevations (exposed surface area) of the residential structures shall contain a minimum of twenty percent (20%) brick, stone, masonry treatment, or glass materials. Notwithstanding the foregoing, the side elevations (exposed surface area) of residential structures exposed to the exterior roads (Building #1 and Building #14) and interior parking lot (Building #9) shall be composed of a minimum seventy percent (70%) brick, stone, masonry treatment, or glass materials. So long as each elevation conforms to these minimum material requirements, the balance of each elevation may, at developer's election, be composed of (non-vinyl) siding.
b.
Review Process. The Architectural Review Board shall review and approve the architecture of all buildings prior to the issuance of a building permit.
15.
Public Art. An area for public art shall be reserved in the common ground and shall be identified on the recorded FSDP. Any public art to be installed shall be determined by agreement of the property owner and the City of Town and Country.
16.
Should there be any discrepancy between this Section and the Preliminary Site Development Plan, the stricter of the two (2) shall apply.
17.
In all other respects, the use of the tract or tracts of land herein described shall be subject to all the applicable regulations contained in said City of Town and Country Municipal Code.
Section 405.1805 through Section 405.3000. Adopted Planned Development Districts.
[Ord. No. 4085 § 1, 5-8-2017]
These Sections have been left reserved for future Planned Development District Regulations.